Jarvis v. Hamilton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The case is stated in the opinion of the court. The complaint states the cause of action in the language of the statute in all particulars. It was not necessary to set forth the particular acts of violence used by the defendant, nor whether the plaintiff’s possession was actual or constructive; these facts are matters of proof and not of pleading.
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APPEAL from the Circuit Court for Dane County. The case is stated in the opinion of the court. The complaint states the cause of action in the language of the statute in all particulars. It was not necessary to set forth the particular acts of violence used by the defendant, nor whether the plaintiff’s possession was actual or constructive; these facts are matters of proof and not of pleading. The general rule, both in civil and criminal proceedings is, that where a remedy is given or an offence created by statute, it is sufficient in the complaint or indictment to follow the words of the…
1Opinion of the Court
By the Court,
Paine, J.
This was an action for an unlawful and forcible entry and detainer. It was commenced before the police justice of Madison, and taken by appeal to the circuit court, where the court refused to admit any evidence under the complaint, for the reason that it was defective in substance, and did not state facts sufficient to give the court jurisdiction.
The complaint follows the language of the statute, and avers that the defendant “made unlawful and forcible entry into the following described lands and tenements, then in the possession of said Jarvis” and after describing the…
2Cases cited4 opinions
- Bartlett v. DraperSupreme Court of Missouri · 1856
- House v. CampSupreme Court of Alabama · 1858
- Savage v. CarneyWisconsin Supreme Court · 1859
- Moore v. GoslinCalifornia Supreme Court · 1855
3Cited by10 opinions
- Mann v. Erie Manufacturing Co.Wisconsin Supreme Court · 1963
- Newton v. LearyWisconsin Supreme Court · 1885
- Cole v. Custer County Agricultural, Mineral & Stock Ass'nSouth Dakota Supreme Court · 1892
- Myers v. KoenigNebraska Supreme Court · 1877
- Buel v. BuelWisconsin Supreme Court · 1890
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